Can education loan companies threaten to put a lien on the co-signers home?
Longview, TX
Viewed 14 times.
Posted 30 days ago in Debt Collection
Flag as objectionable
Our daughter has been threatened by the company who loaned her money to get an education. They have threatened to garnish her wages, our Social Security and put a lien on our home because we co-signed the loan (ten years ago). She has been out of school less than a year. Is it legal for them to do this? She is not in default, but they want more money than she can pay. What can be done to stop the harrassment?
Answers (1)Shawn B Alexander
This attorney is licensed in Washington.
Posted 8 days ago.
Flag as objectionable
This sounds as if there are threats that are strictly forbidden, in addition this also sounds like 3rd party disclosure and that is a violation of the FDPCA, there are statutory fines and provisions for attorney's fees if you can prove the violation.
You will need to consult with a consumer protection lawyer locally at once. 1. Start keeping a detailed log of all calls and letters. You should also demand in writing all communications from creditors is in writing. 2. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. 3. If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department. 4. All collections are negotiable. If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything 5. Get written confirmation of any payment plan the agency will accept. I do not practice in your state and you will need to consult with a local lawyer for protection under your state law. I have pasted a link to the FDPCA to help you with your federal rights; http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf I hope this information and generic advice is helpful. |